The New York Herald Newspaper, November 28, 1872, Page 5

THE COURTS. ——_+—_- IMPORTANT BANKRUPTCY CASE. Alleged Frandulent Suppression of Property and Non-Production of Books and Papers--- Proceedings in the United States Bistriet Court Reviewed--- Decision Reserved. INTERESTING ADMIRALTY SUIT. Tho Possession and Sale of Vessels—Ac- count Between Part Owners of Ships—Decision of the Court. AN ACTRESS’ FINANCIERING TRICK. Lina Edwin Raises the Wind to the Tune of $1,000—Her Friend the Sufferer— Perils of Accommodation Notes— Important Ruling by Judge Joachimsen, THE SMITH-WHITE HOMICIDE. White Indicted for Murder in the First De- gree—His Arraignment—Plea of Man- slaughter in the Third Degree In« terposed and Accepted—Sen- tenced to Two Years in the State Prison. THE ANDRIE WIFE HOMICIDE ———E—EE Emil Andrie Sentenced to the State Prison for Four Years—Remarks of the Court in Passing Sentence. The Grand Jury “én Concert Sa- loons and Targeteers. A Presentment Urging Theix Suppres- sion—Cause of the Prevalence of Crime in the City—The Police To Be Sustained in Their Raids and Prosecutions. BUSINESS IN THE OTHER COURTS. Sammaries—The Eric-Gould Suit—The Greenthal Case—Action Against Ex-Sheriff 0’Brien— The Liabilities of Societies for Rent— Business in the General Sessions, In the United States Circuit Court yesterday, Judge Woodrull, sitting in Chambers, opened the @efault which was recently taken for $700,000 against the seven sureties of ex-Collector Bailey. The Judge, n coming to this conclusion, holds that the notice of the intention of the government to take the default was not sufficient. The demurrer to the complaint will, probably, be argued in the course of the ensuing week. The case of Edward Robinson and Enoch Cham- berlin, alleged bankrupts, came before Judge Woodruff yesterday in the United States Circuit Court on a petition for review of procecdings had ‘bn the cause in the District Court. Robinson and Chamberlin received their discharge as bankrupts in July, 1869, William A. Coit, a creditor, has filed @ petition of review, claiming that the bankrupts had sworn falsely in reference to material facts concerning their property. The bankrupts hold that their discharge was granted on a full and true statement of their affairs, Having heard the arguments of counsel the Judge took the papers end reserved his decision. Yesterday Commissioner Osborn resumed the examination of Julius A. Julian, of No. 515 Pearl @treet, who is charged with having forwarded an obscene publication through the mail. The evi- ence showed that Mr. Comstock, who is connected with the Young Men’s Christian Association, and engaged in the suppressiom of bad books and pic- tures, addressed letters to the accused, asking him to forward specimens of his goods. Letters in re- ply were received by Mr. Comstock, and one of these contained matter which the prosecution maintain to be of an immoral nature. Counsel for defence objected to the letter on the ground that there was no proof that the defendant had writ- ten it, The letter was received subject to the ob- jection, after which the case went over tll Sat- urday. Commissioner Shields yesterday discharged Mor- ris and Jacob Peiser, who had been charged before him with having committed acts of alleged fraudu- Jent bankruptcy. William Dycer, charged before Commissioner Shiclds with having passed a $100 counterfeit bill at @ house up town, was discharged. The evidence offered in support of the charge failed to show that the defendant was guilty of any criminal intent in passing the bill. Christian Lorenz was brought before Commis- sioner Osborn yesterday, and charged with operat- fing and running an illicit distillery at 1,773 Thira avenue, He was held for examination. The case of the Wisconsin Marine and Fire In- g@urance Company vs. Dows and others has been on fwial in the United States Circuit Court, before Judge Shipman and a jury, for the last seven or eight days. It was, as already reported in the HERALD, an action to recover the value of about twenty-six thousand bushels of whet, which, the plaintiff alleged, the defendants wrongfully con- verted to their own use, and for the purchase of which plaintiff claimed they had advanced the money. The defendants pleaded the general issue. Yesterday the jury rendered a verdict for the plain- tiff for $36,278 08, Judge Blatchford yesterday rendered a decision 4m the admiralty case of James Murray and George E. Holyoke vs. the schooner Ocean Belle, We give in our law report & synopsis of the opinion, which relates to the rights of majority and minority own- ers of vessels. The appeal from Judge Gilvert’s decision confirm. ing the report of the Commissioners on the Broad- Way widening was argued yesterday morning be- fore the General Term by Lewis L, Delafield for the appellants, who are citizens assessed for the im- Provement. Mr, Anderson argued the appeals of Messre. Sacchi and Pell. Mr. O'Gorman and Mr, Vanderpoel replied, controverting the points made by the appellants, The Court reaerved its decision. In the Court of Common Pleas, Part 2, yesterday, before Judge Larremore and a special jury, the case of Lowenbcin et al. vs. James SkewmMerhorn was brought to a close alter an investigation extending over four days, and resulted in a verdict for the defendant. This case is one of considerable i1,°00T- tance as affecting the liability of a surety for tn payment of a certain amount of rent where the Peaceable possession of the premises by the tenant is disturbed by hostile acts of the lessors, The case will be found reported below, 4p the Court of Common Pieas, Part 1, yosterday. Nw YORK HERALD, THURSDAY, NOVEMBER 28, 187Z.—TKIPLE SHEET. Defore a special jury, Judge Loew disposed of an important case affecting the lability of a Sheritfin executing a levy and levying upon articles in ex- cess of the amount claimed in the warrant. The Court awarded the plaintiff damages to the amount realized by the sale of his goods so seized, notwith- standing that an attempt bad been made to prove that they were given to a house of ill fame to en- able them to carry on an illegal business. ™ the Generar Sessions yesterday Emil Andrie, convicted of manslaughter in the third degree for the killing of his wife, was sentenced by Judge Bedford to five years at Sing Sing, Nicholas White was indicted by the General Ses- sions Grand Jury for murder in the first degree tor the Killing of James Smith on the 2ist of July last. Yesterday, on his arraignment, his counsel inter- posed a plea of manslaughter in the third degree, which was accepted, He was sentenced to two years at Sing Sing, IMPORTANT BANKRUPTCY CASE. Alleged Fraudulent Suppression of Pro- Pperty and Non-Production of Books and Papers—Proceedings in the United ates District Court Revicwed—De- cision Reserved. Yesterday Judge Woodrnff, sitting in Chambers, in the United States Circuit Court, heard an argu- Mont in the matter of Edward Robinson and Enoch Chamberlin, alleged bankrupts, ‘The casé came Up, on review, on the petition of William A. Coit, creditor. Robinson and Chamberlin, on their own petition, were decreed bankrupts by the District Court, in February, 1868, Coit, a credi- tor who had proved his debt, appeared be- fore the Register and examined the bankrupts and witnesses in pursuance of section 26 of the act, Subsequently the bankrupts applicd for a discharge and Coit filed specifications of bis objec- tions. The District Court heard the matter on the objections, under section 31 of the act, and granted the discharge of both bankrupts July 17, 1869. Coit now brings the matter before the Circuit Court by petition toreview the proceedings in the Uourt low, and claims that the application fora dis- charge should have been denied for causes which he alleges. The two bankrupts were copartners under the firm of E. Robinson. They carried on the business of making knapsacka for the govern- ment in 1862, and afterwards engaged in making guns and in working @ cotton plantation and a Tolling mill. This firm was doing a large business. Chamberlin put in $35,000 capital. The first con- tract for knapsacks amounted 10 $100,000, Une contract was for fifteen thousand to twenty thou- sand guns, Chamberlin estimated himself in 1863 a3 worth not less than one hundred thousand dollars, and able to realize from the business eventually $800,000. The first specification of the petition for review states that Robinson and Chamberlin, when examined be/ore Mr. Edgar Ketchum, the Register, on the 24 of October, 1868, and on subsequent days, swore falsely in regard to material facts con- cerning their estates and debts. It is charged that Robinson stated in his examination that he did not know of Coit’s obtainining for the bankrupts about twenty-eight thousand dollars from the Cen- tral Bank of Brooklyn on quartermaster’s certifi- cates, and that he never had such transaction with | Coit; whereas he well knew (as the specification alleges) that Coit did, in fact, obtain the sum in question from the Central Bank for the bankrupts on the certificates mentioned, Other specifica- tions charge that the bankrupts swore falsely in their schedule with respect to both their real and ersonal estate; that Saey neaeeen on the exam- nation, only a part of their books in’ so torn and mutilated a condition as to be useless for the pur- poe of showing th ir transactions; that Chamber. lin made conveyances of real estate in fraud of hi creditors, for the purpose of covering up and con- ing his property, and that he still holds an in- terest in this property, and that he refused to com- ply witn a demand to produce his bank book and checks with the Chemical Bank, Tne bankrapts claim that the gucharee ited them by the trict Judge on July 17, was ited r there baa pee - Po ranoe S yn tion into their affairs ; - they gave full disclosures respect their business transactions, and that there is now no reason for disturbing the discharge. The argu- ments having been concluded the Judge took the papers and reserved his decision, INTERESTING ADMIRALTY CASE. The Possession and Sale of Vesscle—Mat- ters of Account Between Part Owners of Ships=The Decision by Judge Blatch- ford. Yesterday, in the United States District Court, Judge Blatchford rendered his decision in the ease of James Murray and George EF. Holyoke vs. The Schooner Ocean Belle, Her Tackle, &c, The libel in this case, filed in December, 1809, .styles itself a libel “in @ cause of possession and sale,” It prays for no process against the vessel or against any person. On the filing of the libel commanding an attachment of the vesgel a writ was issued. Under it the vessel was attached. A claim to the vessel was filed on behalf of the owners of eleven-six- teenths of her, She was discharged from arrest on a bond in the sum of $4,600, conditioned to abide the decree of the Court, The claimants filed exceptions to the effect that the libel does not state or set up cause of action cognizable in the Courts. That the Court has no power under the statements in the libel to take Possession from the claimants or to deliver it to the libellants, That the Court has no jurisdiction to order the sale of said vessel to pay her debts. That the libellants do not set up any facts that en- title them to the interference of the Court. The Judge holds that the Court has no power to take the vessel out of the possession of the majority owners and put her into the possession of the minority owners, As the majority intend to employ her on @ voyage, they havea right to select the voyage and keep Pepe of the vessel while she is employed, subject oniy to the require- ment of giving bond for her safe return if such bond is required. The bond asked for by the libel, in case the vessel is left in the p session of the other owners, is one which this Court has no power to require, except so far as the libel may be regarded as asking for a bond jor the safe return of the vessel, The Court has no jurisdiction in matters of account between part owners of @ vessel. His Honor cites authorities in support of this position. It follows, thereiore, that It cannot require the other owners to give a bond to the libellants to cover the part indebted- ness of the vesset to the libellants, or to indemnity the libellants against suture loss in the employment of the vessel. The exceptions are allowed so far as the second and third grounds of exception are concerned. ‘The first and fourth will be allowed, and the libel will be dismissed, uniess the libellants should apply for leave to amend their libel, so as to make it one praying for security for the safe re- turn of the vessel. E. D. MeCarthy for the libellants, C. Donohue for claimants, LINA EDWIN’S FINANCIERING. Her Friend the Sufferer—Perils of Accom- modation Notecs=Fraud in a Chattel Mortgage—Important Ruling. Mary Drinin sued Albert T. Mosher. This case has been tried in the Marine Court, part 3, before Judge Joachmsen. It arose upon the following facts:— In May, 1871, Lina Edwin, a well-known artist, borrowed $1,000 cash from Mrs. Cagney and made achattel mortgage, payable on demand, on furni- ture in her possession. She paid $50 on account, but being pressed in September, 1871, induced Mr. Mosher, as her friend and without any other con- sideration, to help her with his note for $1,000, payable seventy days after date, which note she endorsed and handed to Mrs, Cagney and immedi- ately left for Europe. The mortgage and note were assigned by Cagney to the present plaintiff, who realized about $113 on the sale of some of the mortgaged articles, the mortgage being, however, mostly on property belonging to Mr. George W. Clark. The following is the substance of the deci- sion of the Court:— It is contended on the authorities mainly of Culver vs. Sisson (3 Comstock, 264), and Baiter vs, Ripp (3 Keyes, 210), that there was no personal liability from Edwin to Cagney for this loan. In Culver vs. Sisson the Court of Appeals decided that a technical action of debt cannot be instituted upon a mortgage in form like the present one, but does not establish that the borrower is not liabie in some other form for the money loaned him. In Balter vs. Ripp the Court distinguishes between “the mortgage upon its face” and “the due bills which were given for the loan.” In that case there was no fraud. Here Edwin mortgaged or assumed to deal as owner with another person's furniture, In my judgment there was a debt from Edwin to Cagney arising set the original loan. Upon the authorities cited by the plaintig’s coun. sel the acceptanee of a collateral se y is for “consideration,” and in this case the taking o{ the note by Coens changed the time of payment from a demand debt to the expiration of defendant's note, (Piace ys. Mclivane, 1 Daly, 266, 8.C., af- firmed 38 'N. Y., p. 96). I is because of ‘buch change that in like cases an endorser on the original note ts discharged, but this is not the only efiect. The primary effect is to novate the original contract as to time of payment. It is urged that there is no evidence that Cagney agreed to take this note as “collateral security.” She took it from Edwin without Ca being made by either of them, The facts that Edwin was required to pay, obtained, endorsed, and passed this note to Cagney, impress upon the transaction its undoubted “uaracter; that Edwin, conscious of having ob- ta, "ed money for which she had pledged what she hela ut to be own, but was in fact Clark's proper- ty, wir oat his assent, used this note to obtain time, sii.*2Cce, and not explanation, was essential, Thaye arrived at the conclusion that the note, If ee Will De BEAT es believed to be primarily an accommodation note, Was not diverted from its original pur “to heip her.” She used it to aid her, and the deiendant ought not to complain that his obligation, valid on its face and purporting to be for value received, is enforced against him by law. Judgment ter plaintitt for balance unpaid and In- gosest, amounting to $920, and costs, and $25 allow- THE WHITE-SMITH HOMICIDE. Nicholas White Indicted for Murder in the First DegreePlcea of Manslaughter in the Third Degree Interposed and Accepted by the Court—The Facts of the Case—White Sentenced to Two Years at Sing Sing. Nicholas White, the prisoner in this case, was Indicted by the General Sessions Grand Jury for murder in the first degree, for deliberately shoot- ing a young man named James Smith, on the 21st of July last, at the corner of Lewis and Rivington streets, in this city. A few days since, on the call- ing on of the trial, prisoner's counsel, Mr. William F, Howe, succeeded in interposing a plea of guilty ofmansiaughter in the third degree instead of murder in the first degree, of which he was originally indicted by ¢he Grand Jury. White was arraigned yesterday morning before the Court of Genera] Sessions, Judge Bedford presiding, for sentence on the plea interposed by his counsel. INTERPOSING A PLEA, Mr, William Apewe read a number of affidavits showing that White was completely justified in shooting Smith. The prisoner’s barkeeper de- posed that Smith anda friend entered his store and threatene¢ to shoot him, and that White was violently assaulted by the deceased and defended himself by firing a pistol, The deposi- tions of several respectable merchants tesiifying to the excellent character of the accused were read, and also that of a detective officer, who swore that the deceased and his friend were bad characters. A long conversational debate occurred between Colonel Fellows and Mr, Howe, the prosbentine officer contending that it woulda ah improper act to send White tothe State Prison, for if the affidavits were truc they furnished a comple justi- fication. Mr. Howe, on the other hand, said that the verdicts of juries were uncertain and he would be satistied if the Judge imposed the lowest penal- ty on the plea, which was one year’s imprisonment inthe State Prison, He would then apply to the Governor for a pardon. Judge Bediord suggested that under the circum- stances surrounding the case the plea should be withdrawn, for he could not conscientiously sen- tence a man to aay penal institution upon such atiidavits, provided they were true, Mr. Howe declined to withdraw the plea and withdrew his affidavits asking the Court to pass Jndemans upon the testimony for the people. The City Judge in disposing of Winte, who isa man forty years of age, said that when a plea of manslaughter is interposed he was bound under his oMcial oath to send the prisoner to the State Prison, Counsel having withdrawn the affidavits and the District Attorney stating that it was not more than manslaughter in the third bs va! he woaid also take into consideration the other fact that the county was saved the expense of a trial. ‘The sentence imposed was two years imprison- ment in the State Prison. ‘The interposition of the plea, as seen above, re- lieved the county the cost of a prosecution, while it effected the object of prisoner's counsel in secur- ing for his client a more favorable sentence than if the case had been actually tried and submitted tothe jury upon the testimony of the witnesses summoned in the case. THE ANDRIE WIFE HOMICIDE. Emil Andrie Sent to the State Prison for Four Years Upon the Verdict of Man- slaughter—Remarks of the Court in Passing Sentence. Yesterday in the General Sessions Emil Andric, who was convicted on Wednesday evening of man- slaughter in the third degree, wae brought up for sentence, Mr. Charles Brooke made a few observations to induce His Honor to be ienient, stating that Andrie ‘was a civil engineer and a man of education, and that the respectable portion of the French resi- dents of this city sympathized with his client. Colonel Fellows, who tried the case with great ability, said that he believed all the mercy which should be shown to Andrie was awarded him by the verdict of the jury, Judge Bedford, in passing sentence, said:—The Grand Jury indicted Andrie for murder. He was most ably defended, honorably prosecuted, and, I think, fairly tried. The facts established in behalf ofthe*people to prove the shooting were over- whelmingly against the prisoner, and to meet them with any success the only plea that could be offered, which was offered with as much ability and eloquence as I ever listened to through his counsei, was insanity, The jury by the rendition of their verdict utterly ignored that piea, and by finding him guilty of mansiaughter in the third degree necessarily found that he was sane at the time that he shot his wife. I have given this case since the ren- dition of the verdict much reflection and great de- liberation. I had an interview with the District Attorney, Judge Garvin, and also with Colonel Fel- lows, and I must say that I concur with Colonel Fellows in his views, that all the leniency that Andrie was entitled to, considering the facts sur- rounding the re he received at the hands of the jury. Therefore it seems to me in behall of this community I owe it to them, under my official oath, to pronounce the sentence prescribed by the statute, which is imprisonment in the State Prison for the term of four years, Andrie was removed from the bar after the re- marks of the Judge were communicated to him by the Court interpreter. TARGET EXCURSIONS AND CON- CERT SALGONS. The Presentment of the Grand Jury Thereon=-Cause of the Prevatence of Crime—The Police To Ee Sustained tn Suppressing Concert Saioons. Yesterday the Grand Jury came into the Court of General Sessions and presented a large number of indictments, The foreman read the subjoined pre- sentments :— The Grand Jury of the November term, in finish- ‘The People ex re}, Kingsland vs. Bradley.—Order reversed and mandamus allowed to be isaued. COURT OF COMMON PLEAS—PART I. Action Against the Sheriff of New York for Dilegal Distress and Verdict for Plaintif—Offers to Bribe a Witness— Bill of Sale. W. Purdy vs. ex-Sheriff James U’Brien.—This was an action brought by Mr. Purdy against Mr. James O’Brien, Sherif! of New York. The case created some excitement, as it was rumored that Mr, Purdy, the plaintiff, had indirectly offered a bribe of $500 to Miss Phippany, an important witness in the case, to absent herself from the Court; that Mr. Purdy had afterwards instructed her in the evidence she was to give, to which, how- ever, she had dissented; that he had assured her if he succeeded in gaining the case it would be worth $100 in her pocket. The bill of sale under which the property was held was reported to have been made up for the purpose, and to have been dated twelve months before it was actually made out, and this Miss Phippany declared to persons in the Court was a fact, and further stated that Mr. 0, Hall had been instrumental in getting it made up, She had never Hanad the document, notwithstand- ing that the bill of sale was made by her, it was signed for her by Mr. Hall, and he had made an error in doing so, having signed it “Catherine,” while her name was “Fanny” Phippany. One wit- ness, who, swore thatshe was a consenting party 2 oie bale rea goe to have te 8 le time of the sale she was notin the coun- try, and these ee bia Halted ich leaked out in connection with the case showed the inten- tion of the plaintifi in the suit in anything but a favorable light. The action arose thus:—It was an action brought by Mr. Purdy against the Sheriff of the city and county of ‘ork to recover the sum of $800 for the alleged wrongtul taking and conversion of two couches, @ table and six chairs, Mr. Purdy claimed that he had purchased these goods in connection with other property from Miss Phippany, who keeps a house at 126 West Twenty-seventh strect, in this city, and which it was alleged in evi- dence was a house of ill fame. The purchase was made in October, 1868. Mr, urdy testified that at the request of Miss Phippany he paid Mr. Byland, who held a mortgage on her property, the sum of $4,000 odd, as purchase money lor these goods, and that a bill of sale was alter- wards executed by Miss Phippany, and that he leit the goods in the place where they had been before his purchase of them. In 1869 a judgment was ob- tained in favor of Mr. Creey for $69 odd, and in satisfaction thereof the Sheriff seized these goods, to recover which tle present action was brought, The goods seized were an entire front suit of magnificently carved walnut furniture, amounting in Value to over $400, although this value was dis- fae but it was sold by the Sneriff at public sale ‘or $90—a price which it was held could have been jar advanced had proper caution and care been taken at the sale, The defence pleaded that as the goods had been left in the possession ot Miss Phippany for the pur- cee of maintaining a house of ill fame, such bein egal, the plaintiifhad no ground of action an should be nonsuited, The t ‘y, however, having been charged by Judge Loew at some iength upon the merits of the case, returned into Court with a verdict of $90 for plaintiff, to which should be added interest to date, : This case closed the business of tle Court for the erm, COURT OF COMMON PLEAS—PART 2. Important Question Affecting the Lin. bility of Suretics tor Rent—Verdict for Defendant. Before Judge Larremore. Abraham Lowenbein et al, vs. James Skemmer- horn,—This was a suit brought against James Skem- merhorn as the surety of Lisle, Henney & Co., for a balance of rent of the premises Nos, 645 and 37 Broadway, amounting to $2,668 25, The defence set up Was that the tenants Were deprived of the use of the stairway of No, 645, to which they were entitled, and that they were tierehy obliged to vacate the premises, as they could not carry their work, employés and materials, conaist- ing of plaster of Paris, viacklead and other ingre, dients used in stereotyping, down the stairway of No. 647, which was a stairway that had been specially fitted up for the reception of authors, publishers and ladies, wio were in the habit ot visiting their establishment to correct proofs, &c. Mr. N. B. Hoxie, in summing up the evidence for the defendants, held that the covenant of tie lease so far as this controversy was coucerned, and for a breach of which Mr, Skemmerhora was sued as surety, was the covenant to pay $500 every month during the term of the lease ; that the stair- ways leading to the buildings were part of the premises described, and that as part of these stair- ways had been taken from tie tenanis the original amount of rent stipulated for had ceased to be. There could be no recovery in law against & surety onder-such circumstances, because his con- tract was entire and unproportionable, and where there was a change between the original position of the debtor and creditor the surety became dis- charged. His liability was destroyed by an act of the plaintiffs, which it was their duty to have pro- tected the tenants against—there had been a breach in the covenant for quiet possession—and the rights of the plaintitis to recover the rent had been destroyed by their own act in evicting the ten- ants from the use of that stairway to which they were entitled, They had had one year’s quiet, un- disturbed possession of that stairway, when it was suddenly taken from them, and it could not cer- tainly be said that they had been using for twelve months a portion of the building to which they were not entitled, He held that as there was no construction in the lease which denied them the use OL the designated way they had every title to it as being an appurtenance to that portion of the building which they rented, After the address of Mr, Morrison for the plaintifts counsel consented that the following points should be submitted to the jury:—First, whether the two stairways were both appurtenant to or part of the demise ¥ Second, whether there had been any eviction ? and, third, the amount which should be deducted from the amount of rent claimed. Be- fore the jury retired Mr, Morrison stated the plaintiss claimed $2,994, being the amount of rent with interest made up to date, and the defendant urged in extenuation that the value of their busi- ness since the injunction was issued fell of fully fifty per cent, and held that plaintiffs could claim no interest. His Howvor heid that the plaintifis would not be entitied to interest in the event of apportionment. The jury returned into Court with a verdict for defendant. ing their labors, avail themselves ol this oppor- tunity to present to the Court that in the investi- gations of the various cases which have come be- jJore them a large amount of the crimes which lave come to their knowledge consist of robberies from the person, many of which are attended with vio- Jence, and the greater part of which are com- mitted by the followers of target companies, ‘They believe that if all target excursions were accom. panied by a proper foree of police, and compelled to comply with the Processions act, many of these offences might be prevented. ‘They find by the in- vestigations which they have made that many of the young are tempted into crime by following and being attendant on these excursions, and they de- sire that the Court should call the attention of the proper authorities to put in force such means as would tend to prevent these crimes and protect the public in their Tamers pursuits, JAMES B, BRADY, Foreman. The Grand Jury of the November term also desire | to express their approval an« earnest wish that the | police may be properly sustained in the discharge of their duties and aided in their efforts to suppress | those haunts of vice in their precincts common|, called concert saloons, where waiter girls in se: nude costumes are allowed to flaunt their bra: [rth in the eyes of the patrons of those estab- jishments, leading many of the young into tempta- tion and crime, and that the Commissioners of Po- | lice should sustain their officers in their efforts to suppress these places of resort. JAMES B, BRADY. The foreman then informed Judge Bedford that the Grand Jury had completed their labors, wnere- ore His Honor discharged them, with the thanks of the Court. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. The Evic-Gould Suit—A Stay of Proceed- ings Granted, Mr. Cephas Brainard, the referee appointed to take the testimony of William R. Travers in the suit of the Erie Railway Company against Jay Gould, has received a copy of an order granted by Judge Fancher to show cause why the order ap- pointing him as referee should not be vacated, re- turnable at the Chambers of the Supreme Court to-morrow morning. Meanwhile all farther pro- The Greenthal Case. sbiiag: Justice Fancher, in the Supreme Court, Chani- bers, yesterday, granted a writ of habeas corpus to bring Abraham, alias “General” Greenthal from Auburn, the General Term of the Supreme Court having allowed him a new trial. SUPREME COURT—GERERAL TERM. Decisions. WARIKE COURT—SPECIAL TERM AND CHAMBERS. Decisio Ly Judge Tracy. William H. Decker vs, Valentine Brown.—Motion to restore cause granted, Ww. im F, McNamara vs. James M. Spelissy.— Motion to vacate attachment denied, 6 rue Rusher ctal. vs. W. Uigbie Smith.—Motion denied, COURT OF GENTA:L SESSIONS. A Number of Thieves Sent to Sing Sing and the Penitentiary for Larceny, Before Judge Be:tford, Michacl O’Brien, who pleaded guilty to petit lar- ceny from the person in September, was brought up for sentence. He was sent to the State Prison for two years, John Lynch, who, on the 5th inst., stole a silver watch from George Keller, pleaded guilty. His youre, gent Lyuch to the State Prison for two fears, James Kelly pleaded guilty to an attempt at grand larceny, the allegation being that on the Ist inst. he stole $40 from Patrick Enroe, Penitentiary for one year was the sentenve, Williain J. McCann and Edward Malion, who were indicted for robbery, pleaded guilty to'an at- tempt at grand larceny. The complainant, Mar: Terboss, stated in her complaint that on the St of this month the prisoners snatched a pocketbook, containing $72, from her band while walking through Nineteenth street. They were each sent to the State Prison for two years and six months. Wiluam Bayer, Edward Cohen and John Keisin- ger, charged with assaulting Philip Ball on the 2ist of October with violence, while walking on avenue C, and stealing $13 in money, pleaded guilty to an | attempt at petit larceny from the person. Bayer and Reisinger were sentenced to the State Prison for two years and six months. Cohen was sent to the Penitentiary for one year. Otto Knapp and Archer Kerwin pleaded guilty to an attempt at grand Jarceny, the indictment charging them with stealing, on the 2ist of October, et worth of human hair, the property of Rovert | Ink, AS the 1 Aig op ad were under twenty-one years of age the Judge sent them to tue Peni- tentiary for two years. Thomas Madden, who on the 13th inst. stole an overcoat valued at $40, the property of Bernard Varley, pleaded guilty to petit larceny. David Curry tendered a similar plea, the charge | it him ping that on the bth of October he stole two gold médals, valued aNd $12 in money, the property of Wiillam W. Christiat. » Lingl Betinarde i leaded guilty toan attempt to steal a silver watch from Filipo Gauze on the 20th of October. Madden, Curry and Betinarde were cach sent to the Penitentiary for six months. Ephraim Jacobs, a youth, charged with Md $120 in bills from his employers, Valentine, Sand- land & Co., pleaded guiity to an attempt at grand In re Adam 8, Cameron.—Order reversed, In re Hannah Sterner.—Order reversed. The People ex rel, Byrnes vs, The Board of Audit.—Order appealed from affirmed, with costs, Martha Sherman vs. Daniel Paint.—Judgment af- firmed, with costs, ti Lo Moore vs. The People.—Judgmont af- irmed, = re Lucinda L. Morgan.—Order armed, with costa, Holdridge vs. Webb,—Judgment reversed and ew triai ordered, larceny. He was sent to the School Ship. JEFFERSON MATKET POLICE COUAT. Barglary and Arrest of Burglars.—High- way Robbery. Some weeks since the furnishing store, No, 571 Eighth avenue, kept by Charles J. Barrett, was | kept up on the surrounding buildings, The gen- Twentieth precinct, was informed of it and oMcer MeConvell was directed to take the matter in hand, On Tuesday he arrested Henry Burrows and Jonn Henry, upon whose persons some of the stolen Ease was found. They were brought up before leferson Market Police Court yesterday and re- manded to await further developments. a eal ® tailor, who stated that he was ‘as passing home on Tuesda night, and, seeing a Fentieman looking at ne wateh under a lamppost, precept it an excellent epportanity, to acquire one of those necessary ar- icles. He thereupon snatched it from the hands of the owner and fied. He was closely pursued and threw the watch into the gutter, but was over- before the Jellereon Market folee Goa tee et Police Court Ou mitted without bait to answer, a COUAT CALENDARS—THIS DAY, Court OF CoMMON PLEAS—TRIAL TERM—Part 2.— Held by ode Larremore. Adjourned for term, Part 1—Held by Judge Loew. Adjourned for term, SUPREME CouRT—CiRCUIT—Part 2—Held by Judge Barrett—Short Causes,—Nos. 393447, 3940, 3608,262;, arte 3540, 3638, 3740, 3770, 11853g, 145634, 2308, A abhreeeh sues eo UPREME COURT—CHAMBERS—Held by Judge Fan- cher.—Nog. 40, 55, 7244, 75, 85, 88, 134, 188, 129, 140, 174, 183, 201. ‘vali, 214. SuPREME Court—Cincuit—Part 2—Held by Judge Van Brunt—Short Causes,—Nos. 2711, 2755, 2953, 3429, 3505, 3623, 3607, 3601, 3709, 3715, 3707, 3109, 106334, 1415, 1655, 1691, 2197, 2293, 3037, 8081, 3137, 8211, 8239, 3269, 3365, 3385, 3629, 3689, 37 ° BRCOKLYN COURTS. eterna trrerert UNITED STATES BISTRIET COURT. A Minor Discharged. Before Judge Benedict. George Harris, of Rockland, Me., applied for the discharge of his son George from the navy, on the ground that he wasa minor, being eighteen years old. Young George came from Maine and fell among some New York runners, who enlisted him and robbed him of his advance money and clothing. He waa placed on board the Vermont, at ibe Navy Yard. Judge Benedick ordered his dis- charge, CITY COURT. Alleged Slancer—A Settlement. Before Judge Thompson. Mary Anne Grady brought suit against Georgi- ana and Stephen G. Lee for alleged slander. When the case was called, Mr. Britton and Mr. Hoges, for the defence, made an amende to the plaintiff, and the suit was discontinued. Mr. Brit- ton made a little speech on the subject, saying:— “IT come here to say that, #0 far as any informa- tion or knowledge which Ihave in this matter, there is nothing against Miss Grady. If these things were said which are alleged in the complaint, they ought not to have been said in any view of the case. Iam free and ready to say, on my own responsibility, that they ought not to have been said, and that, so far as Miss Grady is con- cerned, to the extent of my information and knowl- edge, she is entitled to be considered free and clear of those charges which she alleges in her complaint were made against her; and if she goes out of this Court with this case untried she ought to feel satisfied that so far as any prejudice has re- sulted to her because of these supposed obliga- tions, she is pow entirely free fromit. In saying that, | only say what I think is right and proper in order to get rid, on her account as wellas on that ot the client whom TI represent, of a suit which would be disadvantageous, if tried, to both parties, as such suits always are. Mr. Killian, for plaintiff, said that she acknowl- edged the amende, and that in bringing the suit she had no other purpose than sell-vindication. AQ Orgeyx Of discontinuance was subsequently ara and dative Yo counsel. COURT OF APPEALS CALENDAR. ALBANY, N. Y., Nov. 27, 15' The following is the Court of Appeals day cale: dar for Mond comber 2:—Nos, 496, 867, 50; , De 511, 513, 516, 607, 617. re -- LESSONS OF THE BOSTON FIRE. IS WARE Say Timely Suggestions on the Construction of the Shutters, Sa: and Roofs of Bulldingse—The Proposed Punishment for Arson and the Management of Con- fugrations. CHICOPEE, Mass., Noy. 25, 1872, To THe Epiror or Tax HERALD :— ‘ne recent conflagration in Boston and other fires dally occurring seem more like chastise. ment than unavoidable calamities. Only one brief year ago the trump of the Destroying Angel, that spread destruction and desolation in Chicago, admonished us to prepare for similar visitations. Another phial of his wrath has been poured out, and we now realize the value of the neglected les- son at the price of life and immense wealth, It is to be hoped that we will not pause for a repetition of sucha calamity to stimulate us to @ sense of duty. Your able leading articles were first to urge the necessity for adopting improved means for extin- guishing large fires, and already @ host of intelli- gent and inventive correspondents have contrib- uted valuable suggestions through the widely circu- ldted columns of the HeRaLp, Among these especially the letter signed “Engineer” embodies, 1 think, much that is practical and worthy of con- sideration, the best ideas yet given on the subject are faulty, inasmuch as the principle of cure instead of pre- vention is made the essential clement and basis of all the proposed plans, which necessarily involve immense expense, conceived as they are to meet the avoidable contingency of a city in flames in- stead of being made applicable to produce the de- sired result at the point where it originates, and thereby prevent it spreading. For | infer from simple inductive reasoning that if it is possible to conquer some hundred acres of flerce fame by any plan, mechanical or otherwise, one | uilding or block on fire could be controlled ¢ ingiy easier, with less expensive arrangements und prompt action, under @ well directed and rig- idly disciplined foree. But any er not having prevention instead of cure as its chief! feature wiil, 1 presume, be a failure. hile our sympathies were exclusively excited by the ravages of tle fire in Boston some two weeks ago, and that we should then, aud noi till then, biindly grope ior remote, untiied and un covered remedies, and even propose tlie preposte ous alternative of blowing up buildings, is, per- haps, not wonderful. But that such a piopowition should now be end rat judgment of Am n cilizéhs is & paradox to a civilization which triumphs in its achievements in | science and art, with a national wealth in tie form | of labor-saving machinery, the produc ventive ingenuity, estimated to repr nt labor of 150,000,000 of men ; and yet that our mighty slumbers should be disturbed by fears that the morrow might find us destitute and hometess, amid the combined horrors of fire and explosions, | indicates our extreme helplessness and shows, at least, that we are not masters of the situation, and points to the government or wealthy interests of | the country the necessity of giving a due stimulus to inventive thought, by the offer of a liberal re- | ward for the simplest and most effectual mode of extinguishing and preventing the spread of fire. As a preliminary to the general adoption of some | more radical plan, I would suggest a simpic pre- cautionary mode of dealing with existing build- ings. Several correspondents of the HzRALD have already suggested the anon: of using iron win- dow shutters. Notonly should they be adopted, | but it should be made a legal enactment that the | window shutters, sashes, fin boards, gutters and | copings of all buildings should bemade of iron instead of wood, and that the roojs of all fat- roofed houses should be adapted to hold at least in depth #1x inches of water, supplied trom a o i half-inch Croton pipe fixed there for that purpose, Houses with slanting-roofs should have a two- inch Croton pipe fixed lengthways along the ridge, with numerous jet-holes, from which a copious stream would flow, keeping the roof thoroughly saturated during the prevalence of an adjoining fire. In both cases tie faucets to regulate the su: | ply in any emergency should be easily accessible to duly appointed oficers. As water inixing with fire stimulates and assists combustion, so it is, | only in the incipient stage of a fire, that water discharged trom the engine hose now | in use can do any good; when it reaches its culminatin, left alone, an an incessant discharge of water eral adoption of these means would not always pe Sas fires, but prevent its spreading and gt ly abridge and define the limits of firemen's In addition to this, make the crime of arson a | capital offence, and in all cases the death penalty | inevitable to any human demon convicted. With | such measures rigidly carried out a great city in | flames in times of peace could guly, presume, be ggnceived 9 GD event of the past. IS care tem P. G, CHISHOLM. THE GREAT RAILROAD SUIT IN JERSEY, The arguments in the railroad appeal case were concluded yesterday in the Court of Errors and Appeals at Trenton. ‘The Court decided to sustain the appeal, and ordered the whole matter up for final hearing at the next term of the Court. John Black and others were the appellants, and the Delaware and Raritan Canal gt ae A and others the respondents. The question at issue js the validity of the lease, whercby the nnited railroad and canal companies of New Jersey were leased to the Pennsylvania Railroad Company for the period broken into during the night and property to the amount of $500 taken, Captain Mcliwaine, of the | of 999 years. Mesers. Browning & Voorhees for the fi gat nd and Messrs, Williatagon & Scudder for the respondents, Although, it seems to me, that even | rsed by thy cogl and deliberate | point of flerceness it should be | ! 5 SMALLPOX AT QUARANTINE Arrival of Vessels with the Loathe- some Disease. The Bark Columbia, from Bremen—Five Deaths at Sea and Twenty-two sick and Dying— The Schooner Elizabeth Magee, from Boston, Also Infected—Action of the Health Officials. During the past five or six months the vigilant and kind hearted ofticers of our port at Quarantina have been spared the pain often incidental to their! constant duties in boarding vessels of witnessing sickness and death about them, and listening to the Sad stories of dying emigrants, who, storm-tossed On the bosom of the deep, have succumbed to some terrible epidemic, whose deadly poison was only developed after days at sea, These officials have often heard with sympathetic hearts such sorrow- ing tales, while they endeavored to alleviate pain’ and assuage the grief of sisters, brothers, fathers and fmothers, who had lost their dearest relatives from a DREAD DISEASE, and they too are familiar with the stories of ors rescued from the jaws of death and know the first history of shipwrecked vessels and steamers made unmanageable by gales and hurricanes, To them such stories are not new, and the past week was full of the latter, as every new arrival seemed to bring more painful accounts of the terrible storms which recently swept over the Atlantic, dis~ mantling and sinking the stoutest ships that ever stemmed mountainous seas, But in all the tales of HARDSHIP AND SUFFERING there have fortunately been but few disasters fatal to the hardy crews who man them, and, almost miraculously, the long voyages made have not been instrumental but in one case in spreading disease among vessels crowded with emigrants. That case came to the eyes of the Quarantine oMcials yesterday, and, though sadder stories are remembered by scores, it is enough to make those not familiar with the sufferings of the poorer classes that cross the ocean, to pity them in the fullest tenderness of their hearts, The NORTH GERMAN BARK COLUMBIA, 4 with two pulling tugs, ere their headway off Quarantine about two o'clock in the afternoon, and after boarding other vessels whose prior arrival demanded it—‘“for it is first come first served” in this important work—the Deputy Health Onicer stepped on the deck of the bark, and his practised eye told him at once there had been and wus sickness and serious trouble there, Tt did not take long for him to ascertain that this vessel, under the command of Captain Schumaeker, leit Bremen fifty-two days befote, with a crew of twenty and 337 passengers, old and ap male and female, married and single, bound for this port, full of the aspiration which the more intelligent German emigrant possesses when safely embarked for America, In further prosecuting ms duties son ne below the officer found, not to his dis- may, for he was familiar with such sights, but to his great grief, twenty-two helpless men and. wo- meén and children, soine . “NEAR UNTO DRATH, down with that loathesome disease, the small- pox; and more, he ascertained that during the voyage five had died—two infants, one lad and two grown persons—and were buried at sea. It is not too much to say the sight of the sick was extremely disgusting; but with that promptitude character: istic of the perfect system in vogue to protect our city from the encroachment o1 any pestilence or disease in this manner action was at once taken to relieve, first, the worst cases—those who were IN THE MOST PAIN, and then to look to the comfort of the many that had escaped the scourge. The steamboat used for such purposes was at once sent for, and upon its ar- rival the twenty-two sick were pussed over the side of the vessel, wrapped comfortably in blankets, and, long before the surrounding men in small boateknew of the matter the suiferingemigrants. were on Uelr way to the Smallpox Hospital ‘ON BLACKWELL'S ISLAND, ; where that care which their cases demand will be extended to them. Then the indefatigable doctors went to work to protect the 310 other pape who did not exhibit any symptoms of the disease, and at once vaccinated them with due care, and the still other precautionary measure of fumigating the bark was at once proceeded with, Tais done, the names of those that died at sea were takea and found to be as follows:— DEATHS AT SEA. Johann G, Karnasch, infant. Frederick Sudde, German, infant. Maria Mubrich, rman, eight years. Michael Baga Pole, twenty-four years, George Meister, German, thirty-three yeara, The parents of the infants were attacked about the same time as their little ones gasped their last, and the misery in their hearts at having lost them, and knowing the ocean had received their bodies, was simply terrible and needs no recital. SENT TO THE LOWER BAY, Later in the day Dr. Vanderpoel, Health. Oficer,: for the fuller protection of the sick and to isolate the infectea vessel from all other craft and from proximity to the shore of Staten Island, ordered the Columbia to be anchored in the Lower Bay, which was at once done, and neither the citizens of that locality nor of New York NEED BE ALARMED. | The oMcials of Quarantine are and have always been prepared for such dread vi rsto this port as the Columbia, and will stay their progress at tue boarding station. ANOTE The schooner E | eleven days from Boston, came into port yesterday | at duk, with one case of the same loathsome disease as found in the Columbia. The vesselis quarantined, and, after the removal of the sick seaman, waa Jumigated and ail necessary precautions in the case at once tal SMALLPOX VESSEL. beth Magee, Captain Barrett,’ GRAMMAR SvHOOL NO. 2. ea a 3 The Presigent of the Department otf Public Instrnetion Rises to Explain, rion, Ww York, Nov. 2%, 1972. } To THE Eprror oF THe HeRALp:— In your issue of the 26th inst. an article appeared headed “The Innocents in Danger,” in which your | Feporter was pleased to connect my name. In | order that yourself and the numerous readers ot ; your jourval may correctly understand my position in the matter, I ask your kind indulgence to trespass a litt npoh your valuable space by in- serting the folio On the morning of the h instant Mr, Leman, Mr. Hen ice (one of the Sciiool Inspectors of district in which the school in ques tion—No, is located), cailed upon me, and stated that in his opinion, and in tle opinion of others—one or two of whom he named—that the butiding known as Ward School No. 2 was in an | unsafe condition, ile seemed somewhat excited. if he would obtain the cer. titicate of two competent architects, builders or other experts, certifying the building to be unsafe 1 would close the schoo! the next morning. I also | advised him to send a communication to the Board of Public Instraction on the subject. After he had left, in order to do my whole duty in the premises, T addressed the following note to the Superimtend- ent of Buiidings :— Derarturxt oF Proue New Yor | gecomp sated I promptiy replied t) Ixotanerion, } ‘ov, 19, 15 James McGarcon, Esq. :— Bie he Dyan Six—1 have had a verbal communication relative of Grammar School building No, 2,116 Henry ill you please make @ survey ot said’ school a4 nf i t purposes for department at your earliest con- ttully, yours, BERNARD SMYTH, President Department Public Instruction. In answer to which I received the following:— Deranruent ov Boitp1 yan, } New Yous, Nov. 21, 1872, Bruxano Suyru, Esq, Prosident Department of Publis nstruction :— Drak Sma—In answer to your communication relative to the safety of Grammar School building No, 2 Yo. U6 Henry street, | would state that I have had the same examined by iwo inspectors of this department, who re- port that “the building 1s perfectly safe, except the plas tered ceilings in ove’ play ground. primary and malo depariments, they being badly cracked and portions have ore. ‘They should be taken off and new Yours, réspecttully, eS M. VKEGOR, Superintendent of Buildings, Wiurtam fi, Crass, Clerk. laiso consulted with Mr. David I. Stagg, the Su- perintendent of Bulidings of the Department ot Public Instruction, requesting him to make a sur- vey of the building. Mr. Ste port in all respects similar t once directed Mr. Stag * cracked plastering remi* + : ¢ repeaes by narrow pla jow, Mr. Editor, you able to judge whether I w premise an President Departme us HEAVY ASSESSMENT IN BROOKLYN. At a meeting of the Kings County Board of Ax sessments, held yesterday, the Union street im- provement assessment, amounting to $410,000, was confirmed, The assessment district for this work is 100 feet on each side of the street from Gowanua Canal to the Park plaza, This amount has been already paid by the city, which now seeks reim bursement for the expenditure by assessing th Bish a ene Cad a $1 fh egg int Tiel as $1,000 and Ot he negative upon the motion to "4 hit is mada 9 verbal ros voted in t the assessment.